You and the Law – 22nd December 2009

Is my pension safe?

I was divorced last year but we still haven’t reached a financial settlement. Will my ex-wife be entitled to a share of the company pension I’ve been drawing for the last five years?  Will the fact that she’s living with a new partner affect her entitlement from the family finances?  SC

Your pension will be added to the total matrimonial assets to be divided up, but if there’s plenty to go round it may not be necessary to touch it.

The fact that your ex-wife is living with someone else is unlikely to greatly affect what she’s entitled to, but it means you may not have to pay her maintenance.  See a solicitor to work out a settlement.

Long absence

I’ve been off work for 10 months with arthritis.  My doctor, a consultant and the company doctor all agree that I’m unable to do my job.

But now I’ve received a letter saying the firm is transferring me to another company under the TUPE regulations, and I’ve had a letter from the new firm welcoming me. 

Can you be transferred when you’re too ill to do the job?  LW

If all the doctors agree that you’re unfit for work then the next letter you’re likely to receive is one terminating your employment.

However, your illness would probably be classed as a disability under the Disability Discrimination Act, so your employer will be under a duty to try to find a job for you that you’re capable of doing.
It’s possible the firm that is taking over may have more opportunities for you in this respect, so if you think this might be the case you would probably be advised to sit tight for the time being.

The letters you have received are no doubt standard ones which don’t take into account your special circumstances.

This entry was posted in North Ainley News. Bookmark the permalink. Both comments and trackbacks are currently closed.
  • In This Section

  • Superb service. Excellent advice given by Danielle regarding my Will etc., and also to Jill for her services with regards to buying my property. The receptionist were very helpful and pleasant at all times.
    Mrs S Fleming - Huddersfield
  • Lisa Wright
    Lisa Wright
    15:05 25 Feb 19
    Cassie was fantastic throughout our sale and would recommend North Ainley if selling or buying a more
    Lynn Findlater
    Lynn Findlater
    18:55 01 Dec 18
    I have used North Ainley for a number of years. They have successfully dealt with my parent's wills and more recently the sale of 2 properties. The staff are exceptional and imparticular Cassie who took care of the whole process from start to finish whilst I was overseas. She diligently chased all third parties and kept me informed at all times. I would recommend North Ainley as they have proved themselves time and again over the last 10 years in all of my family's legal more
    Idnan Ahmed
    Idnan Ahmed
    12:57 30 Nov 18
    Excellent service. handled my latest commercial purchase professionally. Would recommend to anyone who is looking for a solicitors who are proffesional and easy to work with. Top more
    Lucy Hoy
    Lucy Hoy
    16:39 27 Nov 18
    Excellent! Very friendly and fantastic communication throughout. Nothing was to much trouble. Thankyou Vinesh and Cassie. Would definitely more
    Anil M
    Anil M
    15:11 04 Nov 18
    Fantastic Solicitors firm. Very professional. Close to Oldham Town Centre. Answer all your questions and concerns. Keep you upto date at every stage. I have used this firm for many years in buying and selling property. You can not go wrong using North Ainley more
    Next Reviews